The Open Source License (OSL) [4] is a software license created by Lawrence Rosen. The Open Source Initiative (OSI) certified it as an open source license, but the Debian project rated version 1.1 [5] [6] as incompatible with the Debian Free Software Definition Criteria ( DFSG ). OSL - a license that does not restrict copying rights , with an early termination of the contract caused by the filing of a claim for alleged patent infringement.
| Open software license | |
|---|---|
| Author | |
| Version | |
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| Free software | Yes |
| Approved by OSI | Yes |
| GPL compatible | No |
| Copyleft | Yes |
Many people in the free / open source software communities feel that software patents are harmful to software, and especially harmful to open source software . [7] OSL tries to counteract this by creating a pool of software that the user can use if that user does not harm it by attacking it with an accessible lawsuit.
Content
- 1 Author
- 2 Key Features
- 2.1 Patent Clause
- 2.2 Guarantee of origin
- 3 Comparison with LGPL / GPL
- 3.1 Consent to a license
- 3.2 Distribution
- 3.3 Patent Clause
- 4 Additional provisions
- 5 Later versions
- 6 Open Source Software Using OSL
- 7 See also
- 8 Notes
- 9 References
- 10 Open Source Software License Agreement 3.0
- 11 Open Software License ("OSL") v. 3.0
Author
Open Software License was created by Lawrence Rosen and is certified as an open source license by the Open Source Initiative .
Key Features
Patent Termination Clause
OSL has a patent termination clause designed to discourage users from filing patent infringement claims:
10) Termination of a patent. This license will be automatically terminated and you will no longer be able to exercise any of the rights granted to you under this license on the date that it began to operate, including cross or counterclaims, against the Licensor or any person holding a patent claiming that the Original Work violates patent. Such termination does not apply to actions claiming patent infringement of the Original Work with other software or hardware.
Original text10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.- OSL 3.0: A Better License for Open Source Software (English) (2007). - Article from Lawrence Rosen . Date of treatment July 12, 2010. Archived on April 16, 2012.
Guaranteed Origin
Another goal of OSL is to guarantee the origin. [8]
7) Guarantee of origin and disclaimer of warranties. The Licensor warrants that the copyright to the Original Work and the available rights granted here by the Licensor belongs to the Licensor or sublicenses you in accordance with this license with the permission of the contributor (s) of those copyright and patent rights. ...
Original text7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor (s) of those copyrights and patent rights . ...- OSL 3.0: A Better License for Open Source Software (English) (2007). - Article from Lawrence Rosen . Date of treatment July 12, 2010. Archived on April 16, 2012.
Comparison with LGPL / GPL
OSL is intended to be similar to LGPL . [9] Note that the definition of Derived Jobs in OSL does not include binding to OSL software / libraries: software that simply associates with OSL software does not fall under the OSL license.
OSL is not compatible with the GPL. [9] This statement means that the OSL is intended to be legally stronger than the GPL [10] , however, unlike the GPL, the OSL has never been tested in court and is not widely used.
Consent to a license
The limitations contained in section 9 of the OSL read as follows:
If you distribute or summarize copies of the Original Work or Derivative Works, you must act in accordance with the circumstances to obtain the special consent of the recipients to the terms of this License.
Original textIf You distribute or communicate copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License.- OSL 3.0: A Better License for Open Source Software (English) (2007). - Article from Lawrence Rosen . Date of treatment July 12, 2010. Archived on April 16, 2012.
In its OSL analysis, the Free Software Foundation states that “this requirement means that distributing OSL software to regular FTP sites, sending corrections to regular mailing lists, or storing software in a regular version control system, could be a license violation and would expose violators of the possible termination of the license. Thus, OSL makes it difficult to develop software using the usual means of developing free software. ” [11]
Distribution
If the FSF statement is true, then the main difference between the GPL and OSL is about the possible restrictions on redistribution. Both licenses impose a kind of mutual conditions and requirements of the authors of the extensions to the licensing program for these extensions with the corresponding license of the original works.
Termination Patent Article
The termination patent article described above is another significant difference between the OSL and the GPL.
Additional Provisions
- Derivative works must be distributed under the same license. (§ 1c)
- Covered work that should be distributed should be accompanied by source code, or access should be granted. (§ 3)
- There are no restrictions on charging money for licensed programs, but the source code must be included or provided for a reasonable fee. (§ 3)
- Covered work distribution should include a verbatim copy of the license. (§ 16)
- Distribution implies (but does not explicitly state) a free license for any patents embodied in the software. (§ 2)
Later versions
It is optional, although common for the copyright holder, to add “or any later version” to the terms of distribution in order to allow distribution in accordance with future versions of the license. This term is not directly mentioned in OSL. However, it would seem to violate section 16, which requires a verbatim copy of the license.
Open Source Software Using OSL
- NUnitLite , lightweight NUnit
- Magento , an online e-commerce store.
- Prestashop , an online e-commerce store.
- Sparse
See also
- Academic Free License is a similar, but not reciprocal, license of the same author.
Notes
- ↑ https://web.archive.org/web/20060414162246/opensource.org/licenses/osl-3.0.php
- ↑ https://web.archive.org/web/20021204211359/opensource.org/licenses/osl.php
- ↑ https://web.archive.org/web/20021004145612/opensource.org/licenses/osl.php
- ↑ Open Source Initiative OSI - The Open Software License 3.0: Licensing | Open source initiative
- ↑ DFSG and Software Licenses DFSGLicenses . - Debian Wiki. Date of treatment July 12, 2010.
- ↑ Open Software License ("OSL") v. 3.0 (inaccessible link) . - The official text of ISO. Date of treatment July 19, 2010. Archived October 4, 2002.
- ↑ BusinessWeek Archived on April 6, 2012.
- ↑ The Search Engine that Does at InfoWeb.net
- ↑ 1 2 Philosophy of the GNU Project - GNU Project - Free Software Foundation (FSF)
- ↑ Choosing an Open Source License
- ↑ Various Licenses and Comments about Them - GNU Project - Free Software Foundation (FSF)
Links
- Open Software License ("OSL") v. 3.0 (English) (2005). - The official text of OSI. Date of treatment July 12, 2010. Archived on April 16, 2012.
- Lawrence Rosen. OSL 3.0: A Better License for Open Source Software (English) (2007). - Article from Lawrence Rosen . Date of treatment July 12, 2010. Archived on April 16, 2012.
- Lorraine Woellert. Nuclear War over Software Patents? (English) (02/06/2006). Date of treatment July 17, 2010. Archived on April 16, 2012.
Lawrence Rosen.From: “Lawrence Rosen” Subject: RE: Microsoft's amended Sender ID license (August 24, 2004).Archived on April 16, 2012.- Philosophy of the GNU Project (eng.) (06/29/2010). - What OSL must imply in order to be approved by GNU. Date of treatment July 17, 2010. Archived on April 16, 2012.
- Ian Lance Taylor. Choosing an Open Source License (English) (10/03/2006). - Questions with answers on the topic: choosing an open license. Date of treatment July 17, 2010. Archived on April 16, 2012.
This is an unofficial Russian translation of the open source software license version 3.0 . It was not published by the Free Software Foundation and does not establish legal conditions for the distribution of software using OSL, which only the original English text of OSL makes. However, we hope that this translation will help people who speak Russian to better understand OSL.
This is an unofficial translation of the Open Software License into Russian. It was not published by the Open Software License, and does not legally state the distribution terms for software that uses the OSL — only the original English text of the OSL does that. However, we hope that this translation will help Russian speakers understand the OSL better.
Open Source Software License Version 3.0
Version 3, 2005
Original textOpen Software License ("OSL") v. 3.0
This Open Software License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following licensing notice adjacent to the copyright notice for the Original Work:
Licensed under the Open Software License version 3.0
1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do the following:
a) to reproduce the Original Work in copies, either alone or as part of a collective work;
b) to translate, adapt, alter, transform, modify, or arrange the Original Work, thereby creating derivative works ("Derivative Works") based upon the Original Work;
c) to distribute or communicate copies of the Original Work and Derivative Works to the public, with the proviso that copies of Original Work or Derivative Works that You distribute or communicate shall be licensed under this Open Software License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, for the duration of the patents, to make, use , sell, offer for sale, have made, and import the Original Work and Derivative Works.
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work.
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior permission of the Licensor. Except as expressly stated indicated, nothing in this License grants any license to Licensor's trademarks, copyrights, patents, trade secrets or any other intellectual property. No patent license is granted to make, use, sell, offer for sale, have made, or import volume of any patent claims other than the licensed claims defined in Section 2. No license is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under terms different from this License any Original Work that Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use, distribution, or communication of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1 (c).
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent, or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice. " You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor (s) of those copyrights and patent rights . Except as expressly stated in the immediately preceding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to the Original Work is granted by this License except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.
9) Acceptance and Termination. If, at any time, You expressly assented to this License, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and conditions. If You distribute or communicate copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. This License conditions your rights to undertake the activities listed in Section 1, including your right to create Derivative Works based upon the Original Work, and doing so without honoring these terms and conditions is prohibited by copyright law and international treaty. Nothing in this License is intended to affect copyright exceptions and limitations (including "fair use" or "fair dealing"). This License shall terminate immediately and You may no longer exercise any of the rights granted to You by this License upon your failure to honor the conditions in Section 1 (c).
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction, the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of copyright or patent law in the appropriate jurisdiction. This section shall survive the termination of this License.
12) Attorneys' Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
13) Miscellaneous. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
16) Modification of This License. This License is Copyright © 2005 Lawrence Rosen. Permission is granted to copy, distribute, or communicate this License without modification. Nothing in this License permits You to modify this License as applied to the Original Work or to Derivative Works. However, You may modify the text of this License and copy, distribute or communicate your modified version (the "Modified License") and apply it to other original works of authorship subject to the following conditions: (i) You may not indicate in any way that your Modified License is the "Open Software License" or "OSL" and you may not use those names in the name of your Modified License; (ii) You must replace the notice specified in the first paragraph above with the notice "Licensed under <insert your license name here>" or with a notice of your own that is not confusingly similar to the notice in this License; and (iii) You may not claim that your original works are open source software unless your Modified License has been approved by Open Source Initiative (OSI) and You comply with its license review and certification process.
A brief explanation of this license is available.
- Open Software License ("OSL") v. 3.0 (English) . - The official text of OSI. Date of treatment July 12, 2010. Archived on April 16, 2012.